DATE:         September 18, 2001

TO:              Planning Commission

FROM:       Teri Camery, Planner
                    Community Development Department

FILE NO.: USE2001-00028- Allowable Use

PROPOSAL: An allowable use permit for a 20 foot wide, 435 feet long driveway in an undeveloped right-of-way.



Applicant:                    Dan S. Winkelman

Property Owner:         John & Susan Deloach

Property Address:       9315 Glacier Highway

Legal Description:       Mendenhall Acres BL 41, Lot 4-5 FR

Parcel Code Number: 5-B16-0-114-003-0

Site Size:                    38,959 Square Feet

Zoning:                       LC - Light Commercial

Utilities:                      CBJ Water & Sewer

Access:                      Glacier Highway

Existing Land Use:     Day Care Center

Surrounding Land Use: North - Valley Paint Center
                                    South - Professional Plaza
                                    East - Glacier Highway
                                    West - residential/LC Zone


The applicant requests an allowable use permit for the development of 435 feet long, 20 feet wide driveway in the undeveloped First Street right-of-way from Glacier Highway to connect to an existing building and a proposed building at a day care center (Attachment A).


The Allowable Use Permit for the original and existing day care center was approved at the January 25, 2000 Planning Commission meeting as USE2000-00001. The permit was approved with the condition that the applicant would reconstruct the on-site driveway to a minimum 20 foot width to accommodate 2 lanes of traffic and emergency access, in conjunction with the DOT Glacier Highway Project in 2001. The applicant met this requirement in early August 2001. Prior to this date traffic to the site was routed through the Valley Paint lot. However to expand and link the driveway to the proposed second building in the rear of the lot a separate permit for a driveway in the right-of-way is required. A separate allowable use permit for the second building is also under review.

The applicant has received a permit from DOT to construct and maintain the driveway within the highway right-of-way, as authorized on July 23, 2001, and DOT has no further concerns with the development. The CBJ Engineering Department has conducted an extensive review of driveway plans, including alignment, surface runoff, and grading. CBJ Land Surveyor Terry Brenner has no objection to the permit.


The site is located in a Light Commercial (LC) zone. Access driveways on public rights-of-way adjoining one to four existing lots require an Allowable Use permit, according to the Table of Permissible Uses, 49.25.300, section 17.310.

According to CBJ 49.35.130(e), a permit for an access driveway in the right-of-way may be allowed with approval from the Planning Commission through the allowable use permit process, and provided the following requirements are met:

  1. All lots to be served by the access driveway must be properly existing lots of record.Staff finds that the project meets this requirement.
  2. Only public rights-of-way not improved for and in use as a public road may be used for the access driveway. The right-of-way involved is not improved and not in use as a public road. This requirement is met.
  3. The applicant must provided a notarized statement agreeing to (paraphrased) provide maintenance, accept liability, allow vehicle and pedestrian access from the public, and allow CBJ access. The applicant has provided this statement. (See Attachment B). Staff finds that all requirements of CBJ 49.35.130(e) are met.

Project Site
The proposed driveway falls just within the southern property line in the undeveloped First Street right-of-way, adjacent to the parcel owned by Professional Plaza. All property owners adjacent to First Street have road access, therefore there is no need to further develop the right-of-way at this time. If such a need arises in the future, the property owner would apply to CBJ for an allowable use permit and arrangements could be made. Staff finds no adverse impacts to the project as proposed.

Juneau Coastal Management Program -
The proposed development was reviewed for compliance with CBJ 49.70.900, the Juneau Coastal Management Program. Staff found that no enforceable provisions of the JCMP apply.


CBJ 49.15.320 (e), Decision, states that the Planning Commission shall consider the allowable use permit application and shall review the Community Development Director's recommendation with respect to:

1. Whether the application is complete;

2. Whether the requested permit is appropriate according to the Table of Permissible Uses;

3. Whether the development as proposed will comply with the other requirements of this chapter; and,

4. Whether conditions are necessary for approval.

The Commission shall approve the application and grant the permit unless it finds, by a preponderance of the evidence, that one or more of the criteria have not been met. In either case the commission shall adopt written findings setting forth the basis for its decision.

Per CBJ 49.15.320 (e)(1 thru 4), Decision, the director makes the following findings on the criteria for granting the requested allowable use approval:

1. Is the application for the requested allowable use permit complete?

Yes. We find the application contains the information necessary to conduct a full review of the proposed operations. The application submittal by the applicant, including the appropriate fees, substantially conforms to the requirements of CBJ Title 49.

2. Is the requested permit appropriate according to the Table of Permissible Uses?

Yes. The requested permit is appropriate according to the Table of Permissible Uses. The permit is listed at CBJ 49.25.300 section 17.310 for the Light Commercial zoning district.

3. Will the proposed development comply with the other requirements of this chapter?

Yes. The proposed development complies with the other requirements of this chapter.

4. Are conditions necessary for approval of the requested allowable use permit?

No. Based on the preceding staff analysis, it is found that conditions are not necessary for approval of the requested permit.

Per CBJ 49.70.900 (b)(3), General Provisions, the director makes the following Juneau Coastal Management Program consistency determination:

5. Will the proposed development comply with the Juneau Coastal Management Program?

Not Applicable. Based on the preceding staff analysis, it is found that no provisions of the Juneau Coastal Management Program apply to the proposed development.


We recommend that the Planning Commission adopt the director's analysis and findings and grant the allowable use permit. The permit would allow the development of 435 foot long, 20 foot wide driveway within the First Street right-of-way at 9315 Glacier Highway.